ELDER CARE SERVICES AGREEMENT
THIS ELDER CARE SERVICES AGREEMENT ("Agreement") is made as of [Date],
BETWEEN:
[Care Provider Name / Agency], at [Address] ("Provider"),
AND:
[Client Name / Responsible Party], at [Address] ("Client"),
FOR THE BENEFIT OF:
[Care Recipient Name], date of birth [DOB] ("Care Recipient").
1. DEFINITIONS
1.1 "Services" means the elder care services described in the Care Plan (Exhibit A), which may include: personal care, companionship, meal preparation, light housekeeping, medication reminders, transportation, and other assistance with activities of daily living.
1.2 "Caregiver" means the individual(s) assigned by Provider to deliver Services to Care Recipient.
1.3 "Care Plan" means the individualized plan of care developed for Care Recipient, attached as Exhibit A, specifying services, schedule, and special requirements.
2. SCOPE OF SERVICES
2.1 Services Provided. Provider shall furnish the following services as specified in the Care Plan: (a) Personal Care: bathing/showering assistance, dressing, grooming, toileting, incontinence care, mobility assistance, transferring; (b) Household Support: meal preparation, light housekeeping, laundry, grocery shopping, errands; (c) Companionship: social engagement, reading, conversation, accompaniment to appointments and activities; (d) Health Support: medication reminders (NOT administration), vital sign monitoring, exercise assistance, appointment coordination; (e) Transportation: driving to medical appointments, errands, and social activities within [radius] miles.
2.2 Services NOT Provided. Provider shall NOT provide: (a) medical, nursing, or clinical services; (b) medication administration or management; (c) invasive procedures; (d) financial management or legal decisions; (e) heavy lifting exceeding [25] pounds.
2.3 Schedule. Services shall be provided: [Days] from [Start Time] to [End Time], totaling approximately [Number] hours per week, subject to modification by mutual agreement.
3. CAREGIVER QUALIFICATIONS
3.1 Provider represents that all Caregivers: (a) have completed background checks (criminal, abuse registry, sex offender); (b) are trained in elder care, first aid, and CPR; (c) are legally authorized to work; (d) maintain current [state-required certifications].
3.2 Substitution. If the assigned Caregiver is unavailable, Provider shall make reasonable efforts to provide a qualified substitute and notify Client in advance.
3.3 Caregiver Changes. Client may request a change in assigned Caregiver with [7] days notice. Provider shall accommodate such requests when reasonably possible.
4. COMPENSATION
4.1 Hourly Rate. Client shall pay $[Amount] per hour for regular services (Monday-Friday, 8AM-6PM).
4.2 Overtime/Weekend Rate. Services outside regular hours: $[Amount] per hour. Holiday rate: $[Amount] per hour.
4.3 Live-In Rate. [If applicable: $[Amount] per 24-hour period for live-in care.]
4.4 Minimum Hours. Each scheduled visit has a minimum of [2/4] hours.
4.5 Billing. Provider shall invoice Client [weekly/bi-weekly/monthly]. Payment is due within [15] days of receipt. Late payments incur a fee of $[Amount] or [1.5]% per month.
4.6 Mileage. Transportation services billed at $[Amount] per mile or IRS standard rate.
5. CARE RECIPIENT INFORMATION
5.1 Client shall provide Provider with: (a) complete medical history and current conditions; (b) list of medications and allergies; (c) dietary restrictions and preferences; (d) emergency contacts; (e) physician contact information; (f) advance directives, power of attorney, and DNR orders if applicable.
5.2 Client shall promptly notify Provider of any changes in Care Recipient's condition, medications, or care needs.
6. EMERGENCY PROCEDURES
6.1 In a medical emergency, Caregiver shall call 911 immediately, then notify Client and Provider.
6.2 For non-emergency health concerns, Caregiver shall document and notify Client within [2] hours.
6.3 Provider shall maintain an emergency protocol including backup caregiver arrangements.
7. LIABILITY AND INSURANCE
7.1 Provider maintains: (a) general liability insurance of $[Amount]; (b) professional liability insurance of $[Amount]; (c) workers' compensation insurance as required by law.
7.2 Provider shall NOT be liable for: (a) pre-existing medical conditions; (b) injuries resulting from Care Recipient's refusal to follow safety recommendations; (c) loss of personal property unless caused by Provider's negligence.
7.3 Indemnification. Client shall indemnify Provider from claims arising from: (a) undisclosed medical conditions or hazards; (b) actions of third parties in Care Recipient's home.
8. CONFIDENTIALITY
8.1 Provider shall maintain the confidentiality of all Care Recipient information in compliance with applicable privacy laws (including HIPAA where applicable).
8.2 Care Recipient information shall only be shared with: (a) authorized healthcare providers; (b) emergency personnel; (c) persons authorized by Client in writing.
9. TERM AND TERMINATION
9.1 Term. This Agreement begins on [Start Date] and continues until terminated.
9.2 Termination. Either Party may terminate with [14/30] days written notice.
9.3 Immediate Termination. Either Party may terminate immediately if: (a) safety of Care Recipient or Caregiver is at risk; (b) material breach of Agreement; (c) non-payment exceeding [30] days.
10. GOVERNING LAW
10.1 This Agreement shall be governed by and construed in accordance with the laws of the State of [State/Jurisdiction].
10.2 Disputes shall be resolved in the courts of [County], [State].
11. SEVERABILITY
11.1 If any provision is held invalid, the remaining provisions continue in full force.
12. ENTIRE AGREEMENT
12.1 This constitutes the entire agreement between the Parties. No amendment is valid unless in writing signed by both Parties.
13. NOTICES
13.1 All notices shall be in writing, delivered by certified mail or overnight courier to the addresses above.
DISCLAIMER: This template is for informational purposes only and does not constitute legal advice. Consult qualified legal counsel.
SIGNATURES
[PARTY A]:
Signature: _________________________ Name: [Full Name] Title: [Title] Date: __________
[PARTY B]:
Signature: _________________________ Name: [Full Name] Title: [Title] Date: __________
